84132 Federal Register / Vol. 88, No. 231 / Monday, December 4, 2023 / Notices 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Substantive Submissions 

Made During the Prosecution of the 

Trademark Application 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as required 

by the Paperwork Reduction Act of 

1995, invites comments on the 

extension and revision of an existing 

information collection: 0651–0054 

Substantive Submissions Made During 

the Prosecution of the Trademark 

Application. The purpose of this notice 

is to allow 60 days for public comment 

preceding submission of the information 

collection to OMB. 

DATES: To ensure consideration, 

comments regarding this information 

collection must be received on or before 

February 2, 2024. 

ADDRESSES: Interested persons are 

invited to submit written comments by 

any of the following methods. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0054 

comment’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• Mail: Justin Isaac, Office of the 

Chief Administrative Officer, United 

States Patent and Trademark Office, 

P.O. Box 1450, Alexandria, VA 22313– 

1450. 

FOR FURTHER INFORMATION CONTACT: 

Request for additional information 

should be directed to Catherine Cain, 

Attorney Advisor, United States Patent 

and Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450; by 

telephone at 571–272–8946; or by email 

to Catherine.Cain@uspto.gov. 

Additional information about this 

information collection is also available 

at http://www.reginfo.gov under 

‘‘Information Collection Review.’’ 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

This collection of information is 

required by the Trademark Act, 15 

U.S.C. 1051 et seq., which provides for 

the registration of trademarks, service 

marks, collective trademarks and 

collective service marks, collective 

membership marks, and certification 

marks. Individuals and businesses that 

use or intend to use such marks in 

commerce may file an application to 

register their marks with the United 

States Patent and Trademark Office 

(USPTO). 

Such individuals and businesses may 

also submit various communications to 

the USPTO, including providing 

additional information needed to 

process a request to delete a particular 

filing basis from an application or to 

divide an application identifying 

multiple goods and/or services into two 

or more separate applications. 

Applicants may seek a six-month 

extension of time to file a statement that 

the mark is in use in commerce or 

submit a petition to revive an 

application that was abandoned for 

failure to submit a timely response to an 

office action or a timely statement of use 

or extension request. In some 

circumstances, an applicant may 

expressly abandon an application by 

filing a request for withdrawal of the 

application. 

The rules implementing the 

Trademark Act are set forth in 37 CFR 

part 2. These rules mandate that each 

register entry include the mark, the 

goods and/or services in connection 

with which the mark is used, ownership 

information, dates of use, and certain 

other information. The USPTO also 

provides similar information concerning 

pending applications. The register and 

pending application information may be 

accessed by an individual or by 

businesses to determine the availability 

of a mark. By accessing the USPTO’s 

information, parties may reduce the 

possibility of initiating use of a mark 

previously adopted by another. As a 

result, the Federal trademark 

registration process is intended to 

reduce unnecessary litigation, and its 

accompanying costs and burdens. 

The information in this collection is 

used to process the substantive 

submissions made during prosecution of 

the trademark application. The 

submissions in this information 

collection are a matter of public record 

and are used by the public for a variety 

of private business purposes related to 

establishing and enforcing trademark 

rights. The information is accessible 

online, through the USPTO website, as 

well as through various USPTO 

facilities. 

II. Method of Collection 

Items in this information collection 

must be submitted electronically. In 

limited circumstances, applicants may 

be permitted to submit the information 

in paper form by mail, fax, or hand 

delivery. 

III. Data 

OMB Control Number: 0651–0054. 

Forms: 

• PTO Form 1553 (Allegation of Use 

(Statement of Use/Amendment to 

Allege Use)) 

• PTO Form 1554 (Request to Divide 

Application) 

• PTO Form 1555 (Response to Intentto-Use/Divisional (ITU/Divisional) 

Unit Office Action) 

• PTO Form 1556 (Response to Petition 

to Revive Deficiency Letter) 

• PTO Form 1557 (Petition to Revive 

with Request to Delete Section 1(b) 

Basis or to Delete ITU Goods/ 

Services/Collective Membership 

Organization After NOA) 

• PTO Form 1581 (Request for 

Extension of Time to File a Statement 

of Use) 

• PTO Form 2194 (Petition to Revive 

Abandoned Application—Failure to 

Respond Timely to Office Action) 

• PTO Form 2195 (Petition to Revive 

Abandoned Application—Failure to 

File Timely Statement of Use or 

Extension Request) 

• PTO Form 2200 (Request to Delete 

Section 1(b) Basis, Intent to Use) 

• PTO Form 2202 (Request for Express 

Abandonment (Withdrawal) of 

Application) 

• PTO Form 2301 (Petition to Director) 

Type of Review: Extension and 

revision of a currently approved 

information collection. 

Affected Public: Private sector. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

Estimated Number of Annual 

Respondents: 373,293 respondents. 

Estimated Number of Annual 

Responses: 373,293 responses. 

Estimated Time per Response: The 

USPTO estimates that the responses in 

this information collection will take the 

public approximately between 30 

minutes (0.5 hours) and 70 minutes 

(1.17 hours) to complete. This includes 

the time to gather the necessary 

information, create the document, and 

submit the information to the USPTO. 

Estimated Total Annual Respondent 

Burden Hours: 265,556 hours. 

Estimated Total Annual Respondent 

Cost Burden: $118,703,532. 


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Federal Register / Vol. 88, No. 231 / Monday, December 4, 2023 / Notices 84133 

TABLE 1—TOTAL BURDEN HOURS AND HOURLY COSTS TO PRIVATE SECTOR RESPONDENTS

Item no. Item 

Estimated 

annual 

respondents 

Responses per 

respondent 

Estimated 

annual 

responses 

Estimated time 

for response 

(hours) 

Estimated 

burden 

(hour/year) 

Rate 1

($/hour) 

Estimated 

annual 

respondent 

burden 

(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e) (f) (e) × (f) = (g) 

1 ................. Allegation of Use (Statement of Use/Amendment to Allege Use).

(PTO Form 1553) ...........

94,729 1 94,729 1 (60 minutes) ... 94,729 $447 $42,343,863 

2 ................. Request for Extension of 

Time to File a Statement of Use (PTO 

Form 1581).

238,839 1 238,839 0.58 (35 minutes).138,527 447 61,921,569 

3 ................. Petition to Revive Abandoned Application— 

Failure to Respond 

Timely to Office Action 

(PTO Form 2194).

20,665 1 20,665 1 (60 minutes) ... 20,665 447 9,237,255 

4 ................. Petition to Revive Abandoned Application— 

Failure to File Timely 

Statement of Use or 

Extension Request 

(PTO Form 2195).

1,067 1 1,067 0.67 (40 minutes).715 447 319,605 

5 ................. Request to Delete Section 1(b) Basis, Intent 

to Use (PTO Form 

2200).

2,188 1 2,188 0.5 (30 minutes) 1,094 447 489,018 

6 ................. Request for Express 

Abandonment (Withdrawal) of Application 

(PTO Form 2202).

9,702 1 9,702 0.5 (30 minutes) 4,851 447 2,168,397 

7 ................. Request to Divide Application (PTO Form 

1554).

3,223 1 3,223 0.67 (40 minutes).2,159 447 965,073 

8 ................. Response to Intent-toUse/Divisional (ITU/Divisional) Unit Office 

Action (PTO Form 

1555).

5 1 5 1.17 (70 minutes).6 447 2,682 

9 ................. Response to Petition to 

Revive Deficiency Letter (PTO Form 1556).

436 1 436 0.83 (50 minutes).362 447 161,814 

10 ............... Petition to Director (PTO 

Form 2301).

2,385 1 2,385 1 (60 minutes) ... 2,385 447 1,066,095 

11 ............... Petition to Revive with 

Request to Delete Section 1(b) Basis or to 

Delete ITU Goods/ 

Services/Collective 

Membership Organization After NOA (PTO 

Form 1557).

54 1 54 1.17 (70 minutes).63 447 28,161 

Totals .. ......................................... 373,293 .......................... 373,293 ........................... 265,556 ........................ 118,703,532 

1 2023 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); 

pg. F–41. The USPTO uses the average billing rate for intellectual property work in all firms which is $447 per hour (https://www.aipla.org/home/news-publications/ 

economic-survey). 

Estimated Total Annual Respondent 

Non-hourly Cost Burden: $43,517,005. 

There are no capital start-up, 

maintenance costs, or recordkeeping 

costs associated with this information 

collection. However, USPTO estimates 

that the total annual (non-hour) cost 

burden for this information collection, 

in the form of filing fees and postage is 

$43,517,005. 

Filing Fees 

There are fees associated with 

submitting certain items in this 

information collection as outlined in 

Table 2 below: 

TABLE 2—FILING FEES

Item No. Fee code Item 

Estimated 

annual 

responses 

Estimated fee 

amount 

Estimated 

non-hour cost 

burden 

(a) (b) (a) × (b) = (c) 

1 ..................... 6002 

6003 

Allegation of Use (Statement of Use/Amendment to Allege 

Use) (Paper).

1 $200 $200 

1 ..................... 7002 

7003 

Allegation of Use (Statement of Use/Amendment to Allege 

Use) (Electronic).

94,729 100 9,472,900 


ddrumheller on DSK120RN23PROD with NOTICES1
84134 Federal Register / Vol. 88, No. 231 / Monday, December 4, 2023 / Notices 

TABLE 2—FILING FEES—Continued 

Item No. Fee code Item 

Estimated 

annual 

responses 

Estimated fee 

amount 

Estimated 

non-hour cost 

burden 

(a) (b) (a) × (b) = (c) 

2 ..................... 6004 Request for Extension of Time to File a Statement of Use 

(Paper).

1 225 225 

2 ..................... 7004 Request for Extension of Time to File a Statement of Use 

(Electronic).

238,839 125 29,854,875 

3 ..................... 6010 Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action (Paper).1 250 250 

3 ..................... 7010 Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action (Electronic).20,665 150 3,099,750 

4 ..................... 6010 Petition to Revive Abandoned Application—Failure to File 

Timely Statement of Use or Extension Request (Paper).

1 250 250 

4 ..................... 7010 Petition to Revive Abandoned Application—Failure to File 

Timely Statement of Use or Extension Request (Electronic).

1,067 150 160,050 

7 ..................... 6006 Request to Divide Application (Paper) ................................ 1 200 200 

7 ..................... 7006 Request to Divide Application (Electronic) .......................... 3,223 100 322,300 

10 ................... 6005 Petition to Director (Paper) .................................................. 1 350 350 

10 ................... 7005 Petition to Director (Electronic) ............................................ 2,385 250 596,250 

11 ................... 6010 Petition to Revive with Request to Delete Section 1(b) 

Basis or to Delete ITU Goods/Services/Collective Membership Organization After NOA (Paper).

1 250 250 

11 ................... 7010 Petition to Revive with Request to Delete Section 1(b) 

Basis or to Delete ITU Goods/Services/Collective Membership Organization After NOA (Electronic).

54 150 8,100 

Totals ................................................................................... ........................ ........................ 43,515,950 

Postage 

Although the USPTO requires that the 

items in this information collection be 

submitted electronically, in certain 

circumstances, respondents may be 

permitted to submit responses by mail 

through the United States Postal Service 

(USPS). The USPTO estimates that the 

average postage cost for a mailed 

submission, using a Priority Mail legal 

flat rate envelope, will be $9.95. The 

USPTO estimates approximately 106 

submissions per year may be mailed to 

the USPTO, for an estimated total 

postage cost of $1,055 per year. 

IV. Request for Comments 

The USPTO is soliciting public 

comments to: 

(a) Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the 

Agency, including whether the 

information will have practical utility; 

(b) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

collection of information, including the 

validity of the methodology and 

assumptions used; 

(c) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(d) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

All comments submitted in response 

to this notice are a matter of public 

record. USPTO will include or 

summarize each comment in the request 

to OMB to approve this information 

collection. Before including an address, 

phone number, email address, or other 

personally identifiable information (PII) 

in a comment, be aware that the entire 

comment—including PII—may be made 

publicly available at any time. While 

you may ask in your comment to 

withhold PII from public view, USPTO 

cannot guarantee that it will be able to 

do so. 

Justin Isaac, 

Information Collections Officer, Office of the 

Chief Administrative Officer, United States 

Patent and Trademark Office. 

[FR Doc. 2023–26556 Filed 12–1–23; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2023–SCC–0161] 

Evaluation of the REL Appalachia 

Teaching Math to Young Children 

Toolkit 

AGENCY: Institute of Education Sciences 

(IES), Department of Education (ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act (PRA) of 

1995, the Department is proposing a 

new information collection request 

(ICR). 

DATES: Interested persons are invited to 

submit comments on or before January 

3, 2024. 

ADDRESSES: Written comments and 

recommendations for proposed 

information collection requests should 

be submitted within 30 days of 

publication of this notice. Click on this 

link www.reginfo.gov/public/do/ 

PRAMain to access the site. Find this 

information collection request (ICR) by 

selecting ‘‘Department of Education’’ 

under ‘‘Currently Under Review,’’ then 

check the ‘‘Only Show ICR for Public 

Comment’’ checkbox. Reginfo.gov 

provides two links to view documents 

related to this information collection 

request. Information collection forms 

and instructions may be found by 

clicking on the ‘‘View Information 


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